DisplayMax and FixtureMax Employees: “Day Rate” Unpaid Wages Lawsuit

A recently filed lawsuit claims certain non-exempt DisplayMax and FixtureMax employees who were paid by the day are owed unpaid regular and overtime wages due to the companies’ violations of federal labor law—and the attorneys are now looking for more workers to come forward to help strengthen the case.

Specifically, the lawsuit argues that the companies’ pay policies do not meet certain requirements under the Fair Labor Standards Act (FLSA) and that installers and other non-exempt workers should have been paid time-and-a-half overtime rates instead of half-time rates. The case also claims employees’ overtime rates were miscalculated because DisplayMax and FixtureMax failed to include all types of compensation in their rate calculations.

If the lawsuit continues to move forward and is successful, workers could potentially recover any unpaid wages they’re owed—but first, the attorneys need to speak with more people who may have been affected.

Why Might DisplayMax, FixtureMax Workers Be Owed Unpaid Overtime?

According to the case, installers and those in similar positions, who are hired by the companies to construct and install displays, shelves and other fixtures in new or renovated retail stores, were not paid at a bona fide day rate in accordance with the FLSA and should have received time-and-a-half overtime wages instead of being paid at a half-time rate for hours worked in excess of 40 each week.

Under the Fair Labor Standards Act, most non-exempt workers are entitled to receive one-and-a-half times their regular pay rate for overtime hours. However, if employees are paid a flat sum per day instead of an hourly rate, the FLSA permits employers to pay them half their regular rate for overtime hours. A day rate worker’s regular rate is calculated by dividing the total pay received in a workweek by the number of hours worked.

The FLSA stipulates that half-time overtime rates can only be used if the employee is paid the same day rate regardless of how many hours they work in a day and if they receive no other form of compensation.

The lawsuit against DisplayMax and FixtureMax argues that the companies’ day rate policies do not meet the FLSA’s requirements because workers are not paid at the same day rate regardless of how many hours they work. According to the case, employees’ pay is reduced to $10.10 per hour or the state minimum wage rate if they work less than a full scheduled shift.

The lawsuit also claims that installers and other non-exempt employees receive other types of compensation in addition to their day rate, including for travel, hauling excessive tools, hauling trailers to job sites, driving at least three other employees to job sites, and leading teams of six or more workers.

The lawsuit also argues that DisplayMax and FixtureMax illegally excluded the various other types of compensation workers received—such as “excessive tool cargo,” “trailer hauling,” “per diem,” “driver” and “differential pay”—from their regular pay rates when calculating overtime wages, further reducing their pay in violation of the FLSA.

How Could a Lawsuit Help?

If the lawsuit continues to move forward and is successful, current and former DisplayMax and FixtureMax employees may be able to get back any unpaid wages they’re owed. The companies may also be forced to change their pay policies.

What You Can Do

After you get in touch, an attorney or legal representative may reach out to you directly to ask you some questions and explain what’s next. It costs nothing to fill out the form or speak with someone, and you’re not obligated to take legal action.

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